Written Answers Nos. 151-169
151. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage the works carried out by local authorities in respect of maintenance work on the River Shannon; and the cost of each project in 2017, 2018 and 2019, in tabular form. [27728/20]
View answerThis is an operational matter for individual local authorities in the Shannon basin.
152. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the status of a remediation scheme for those who have been affected by pyrite in their homes, including those who have not fallen under the remit of previous schemes but who are still affected by the issue; and if he will make a statement on the matter. [27771/20]
View answerThe Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency.
The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance, e.g. such as pyrite in concrete blocks.
The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, www.pyriteboard.ie.
The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave, established in accordance with I.S. 398-1:2017 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. This ensures that, having regard to the available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave. There are no proposals to provide for further financial assistance outside of the scheme.
As matters currently stand, the owners of dwellings located within the counties of Kildare, Meath or Offaly or the administrative areas of Fingal County Council, Dublin City Council, Dun Laoghaire-Rathdown or South Dublin are eligible to apply for remediation works under the scheme and I have recently extended the pyrite remediation scheme to include the administrative area of Limerick City and County Council, which will see homeowners of dwellings with significant damage attributable to pyritic heave in County Limerick eligible to apply for remediation works under the Pyrite Remediation Scheme.
€20m was provided under Budget 2020 to cover the implementation of the pyrite remediation scheme and is a clear signal of the continuing importance attached by Government to addressing the issue of significant pyritic damage in private dwellings. This will bring to approx. €150m the total funding provided under the scheme since 2014.
The latest figures available indicate that up to 2,800 applications have been made under the Scheme and, so far, 2,286 dwellings have been included. A further 88 applications have been validated and referred to the Housing Agency for the Assessment and Verification Process, 119 applications are at the initial Application and Validation Process and 238 applications were not successful. Of the 2,286 dwellings included, the works in respect of 2,001 are complete with the rest at various stages of progress.
153. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage when the making of a differential rents scheme will be moved from an executive function to a reserved function of local authority members, as proposed in Putting People First, to give members more say in local democracy; the reason for the delay; his plans to prepare a national differential rent scheme; when the proposals will be put in place; and if he will make a statement on the matter. [27772/20]
View answer154. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if a directive will be issued to local authorities in respect of exempting carer's allowance and the working family payment from consideration when calculating rent in view of the fact that both payments are targeted as supports for low-income households; and if he will make a statement on the matter. [27773/20]
View answerI propose to take Questions Nos. 153 and 154 together.
The right of local authorities to set and collect rents on their dwellings is laid down in section 58 of the Housing Act 1966. The making or amending of such schemes under section 58 is an executive function and is subject to broad principles set out by my Department, including that rent levels should be based on income and reflect tenants’ ability to pay.
Decisions regarding the sources of income which are included and disregarded for rent assessment purposes are a matter for individual local authorities. Different approaches are taken to rent charging and setting across the country. Schemes define assessable income on which the rent is calculated and detail a list of sources of income (including social welfare payments) considered assessable and payments that are excluded.
The Programme for Government commits to bringing forward a package of social housing reforms, which includes standardising the differential rents regime across the country to ensure fairness. Standardisation would include the treatment of income disregards. Work on the review of the current rent schemes has been ongoing and I have asked my Department to prepare recommendations regarding the potential for a standardised local authority rents system, which I will consider in due course as part of the package of social housing reforms. The respective roles of the executive and elected members will be considered as part of this process.
155. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage his views on issues in the Part 8 process since the amalgamation of north and south Tipperary county councils in circumstances in which county councillors have proposed and seconded social housing projects in parts of a county that they are unfamiliar with and have no local knowledge of; if Part 8 developments should only be proposed and seconded by local authority members within the relevant municipal districts; and if he will make a statement on the matter. [27774/20]
View answerThe provisions in relation to proposed local authority "own development" projects - commonly referred to as Part 8 projects - are provided for in Section 179 of the Planning and Development Act 2000, as amended (the Act) and Part 8 of the Planning and Development Regulations 2001, as amended.
Under these provisions, a planning authority is required to advertise its proposals for such developments and to invite submissions and observations from members of the public as well as from the relevant statutory bodies in respect of such proposals. Under section 179(3) of the Act, the Chief Executive of the local authority is also required to submit a report on the proposed development, taking account of the public submissions received, for consideration of the elected members of the Council. The report of the Chief Executive must include a description of the nature and extent of the proposed development, the principal features thereof, an appropriate plan of the plan of the proposed development and an appropriate map of the relevant area.
The Part 8 proposals, together with a copy of the Chief Executives report, are ultimately required to be submitted to the elected members of the Council for consideration, who may, as a reserved function, resolve to accept, modify or reject the Chief Executive's recommendation on the proposed development. These arrangements in relation to Part 8 projects, as approved by the Oireachtas in the legislative process in the enactment of the Act, apply equally to all local authorities irrespective of their size and I have no plans to amend them.
156. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage the reason Irish Water has no input in the Part 8 process when Irish water must be notified by the council of all private developments; his views on whether Irish Water should have input on all Part 8 applications; and if he will make a statement on the matter. [27776/20]
View answerLocal authority "own development" projects, commonly referred to as Part 8 projects, are provided for in Section 179 of the Planning and Development Act 2000, as amended, and Part 8 of the Planning and Development Regulations 2001, as amended (the Regulations).
Under Article 82(3)(v) of the Regulations, a local authority is required to send notice of a proposed Part 8 development to Irish Water where it appears to the authority that the development might impact on the provision of public water services.
Under article 81 of the Regulations, a local authority is also required to publish a notice of the proposed development in an approved newspaper and invite submissions from the public with respect to the proposed development, dealing with the proper planning and sustainable development of the area in which the development would be situated.
It is therefore open to Irish Water to make a submission or observation in writing to a local authority in relation to any proposed Part 8 development where it may have concerns regarding any such proposed development. Under the Part 8 procedures, all submissions or observations received are required to be taken into account by the local authority and its elected members in their further consideration of the proposed development.
157. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage when he plans to bring forward the referendum on the right to housing; and if he will make a statement on the matter. [27782/20]
View answerThe commitments in relation to Constitutional reform in the Programme for Government provide for the holding of a referendum on housing.
I intend to consult with my colleagues in Government as to the proposal that should be put to the electorate and the appropriate timeframes that should apply to the process.
158. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage his plans to revive the lapsed Anti-Evictions Bill 2018; and if he will make a statement on the matter. [27783/20]
View answerI have no plans with regard to the Anti-Evictions Bill 2018.
With effect from 1 August 2020, the Residential Tenancies and Valuation Act 2020 provides protections for those tenants who are facing rent arrears and, as a result, are at risk of losing their tenancy. If a tenant’s ability to pay rent has been impacted by Covid-19 and the tenant meets specific criteria, new procedures and protections apply. Tenants who follow these procedures cannot be required to vacate their rental accommodation before 11 January 2021, and are not required to pay any rent increase in respect of the period ending 10 January 2021.
Tenants who are currently (or at any stage between 9 March 2020 and 10 January 2021):
- in receipt of (or entitled to receive) Illness Benefit for Covid-19 absence - further information available at - https://www.gov.ie/en/service/df55ae-how-to-apply-for-illness-benefit-for-covid-19-absences/); or
- in receipt of (or entitled to receive) the Temporary Wage Subsidy, Employment Wage Subsidy or any other social welfare payment or State support paid as a result of loss of earnings due to Covid-19 (this includes the rent supplement or a supplementary welfare allowance);
and
- at risk of losing their tenancy,
can receive the aforementioned protections to remain in their tenancy without any increase in rent until 11 January 2021.
In order to qualify for these supports, tenants must complete and sign a Self-Declaration form, available on the Residential Tenancies Boards (RTB) website - www.rtb.ie, if they meet the above criteria and submit it to the RTB and their landlord.
The RTB and the Money Advice and Budgeting Service (MABS) are working with tenants in rent arrears to outline the financial supports which may be available to enable the tenant to meet their rental obligations to sustain their tenancy.
My Department has published a guidance document, the Residential Tenancies and Valuation Act 2020: What this Means for Landlords and Tenants, which sets out exactly what is expected as the rental protections under the Emergency Measures in the Public Interest (Covid-19) Act 2020 expire, and provides details on the new protections for tenants in rent arrears and the income and other supports available to tenants and landlords.
This guidance document clearly explains the new rent arrears procedure for both landlords and tenants facing rent arrears. The Guidance document is available on the Department's website - www.housing.gov.ie - and on the RTB's website - www.rtb.ie.
Tenants are required to pay rent to their landlord and, in the event of tenants having difficulty doing so on foot of Covid-19, they are encouraged to engage with their landlords at the earliest opportunity.
Many Government Departments, agencies and organisations are engaged in supporting landlords and tenants during this time, providing information, advice and income supports to those who are facing financial difficulty. Tenants facing difficulty in meeting the rental payments should engage with the Department of Employment Affairs and Social Protection (DEASP) as income supports such as Rent Supplement and Social Welfare Allowances are available to assist them. Further information on these supports can be found by calling the DEASP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the DEASP website at:
https://www.gov.ie/en/organisation/department-of-employment-affairs-and-social-protection/?referrer=https://www.welfare.ie/en/Pages/home.aspx.
With Government funding, Threshold, the national housing charity, operates the Tenancy Protection Service. Further information is available on www.threshold.ie. The homeless and housing sections in local authorities continue to assist those who are not in a position to provide accommodation for themselves.
My Department and the RTB urge landlords to consider the negative impacts of Covid-19 on their tenants and to show forbearance where temporary rent arrears might arise. Tenants and landlords are urged to discuss any problems promptly, keep lines of communication open and respect each other’s positions. If the problem cannot be resolved, registered landlords and all tenants can apply to the RTB for dispute resolution. Further information is available on www.rtb.ie.
For tenancies other than those in rent arrears, the existing laws on how to end a tenancy apply again from 2 August 2020. Tenancy terminations are permitted to be served in such cases and tenants must vacate on the termination date specified in a valid Notice of Termination.
For all landlords who served a Notice of Termination before the enactment of the Emergency Measures in the Public Interest (Covid-19) Act 2020 on 27 March 2020 and had the termination notice period paused, those notice periods recommenced with effect from 2 August 2020.
The Residential Tenancies and Valuation Act 2020 targets enhanced protections to the most vulnerable tenants until 10 January 2021 and respects the constitutionally protected property rights of landlords.
159. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage the estimated funding that will be needed to bring all vacant local authority housing up to a liveable standard in counties Cavan and Monaghan by local electoral area; and if he will make a statement on the matter. [27790/20]
View answerThe management and maintenance of local authority housing stock, including pre-letting repairs to vacant properties, the implementation of a planned maintenance programme and carrying out of responsive repairs, are matters for each individual local authority under Section 58 of the Housing Act 1966.
Since 2014, Exchequer funding has also been provided through my Department's Voids Programme to support local authorities in preparing vacant units for re-letting. This funding was initially introduced to tackle long term vacant units and is now increasingly targeted at supporting minimal turnaround and re-let times for local authority vacant stock. Local authorities also contribute funding from their own resources to support work in this area.
Local authorities will always have a level of vacancy in their housing stock. This will fluctuate over time, as tenancy surrender and re-letting of stock is an ongoing process. Under the current voids programme local authorities are asked to bring vacant units to the standards required under the Housing (Private Rented Standards) Regulations, 2019.
Data in relation to the number, location and condition of vacant local authority units is not collated by my Department, however, statistics in relation to the social housing stock are published by the National Oversight and Audit Commission (NOAC) in their Annual Reports on Performance Indicators in Local Authorities. The most recent report, relating to 2018, is available on the NOAC website at the following link: http://noac.ie/wp-content/uploads/2019/10/NOAC-Performance-Indicator-Report-2018-1.pdf.
160. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage the number of staff directly employed by Irish Water; the number of staff employed through contracted services; the cost of subcontracted and directly employed employees; and the breakdown of services which are subcontracted. [27943/20]
View answerSince 1 January 2014, Irish Water has held statutory responsibility for all aspects of water services planning, delivery and operation, including the employment of staff and the engagement of external contractors, at national, regional and local level. Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email at oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
161. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage the provisions in place to avoid persons who are on the housing list as joint applicants being penalised when as a result of relationship breakdown they have to reapply as single persons; and if there is a provision in place such that such persons are not treated as new applicants. [27944/20]
View answerIn order to qualify for social housing support and be placed on a housing list, an applicant household must be assessed by the local authority concerned as meeting all of the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
Regulation 16 of the Social Housing Assessment Regulations 2011, as amended, states that a household shall be deemed to be entered on a local authority’s record of qualified households (housing list) on the date that the local authority of application determines that the household is qualified for social housing support. Under the 2009 Act, a household is defined as a person living alone, or two or more persons, who in the opinion of the local authority concerned, have a reasonable requirement to live together.
Furthermore, under Regulation 26, where the local authority of application becomes aware of changes in household circumstances or of other information relevant to the social housing assessment carried out in respect of a qualified household, the authority shall:
(a) update its records of the assessment and qualified households accordingly,
and
(b) notify the housing authority for any other functional area to which the assessment relates of the update, which authority shall update its records of the assessment and qualified households accordingly.
The oversight and practical management of housing lists is a matter for the relevant local authority, in accordance with the 2009 Act and associated regulations. Specifically, section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions.
Decisions on the qualification of specific persons for social housing support, the most appropriate form of any such support, and the allocation of that support are a matter solely for the local authority concerned.
162. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if the local authority supersedes the management agency in a housing estate after the taking-in-charge process has commenced; and if he will make a statement on the matter. [27946/20]
View answer163. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if a management agency for a housing estate is permitted to charge fees for maintenance after an estate has been taken in charge by the local authority and all necessary maintenance is carried out by same; and if he will make a statement on the matter. [27947/20]
View answerI propose to take Questions Nos. 162 and 163 together.
The arrangements in relation to the taking in charge of housing estates by planning authorities are provided for in section 180 of the Planning and Development Act 2000, as amended (the Act). Under section 181(1) of the Act, where a planning authority is satisfied that a development has been satisfactorily completed in accordance with the permission and any conditions to which the permission is subject, the planning authority is obliged to initiate the taking in charge procedures under section 11 of the Roads Act 1993 where requested by either the developer or by the majority of owners of the dwellings in question.
A planning authority may not necessarily take in charge an entire development, and it is a matter for the relevant planning authority to make its determination regarding individual developments. Under Section 180(4)(b) of the Act, a planning authority may take in charge some or all of the sewers, water mains, service connections, public open spaces or public car parks within the attendant grounds of the development when an order is made under section 11(1) of the Roads Act 1993. In effect, a planning authority may decide not to take in charge certain elements of a development. A declaration under Section 11 of the Roads Act 1993, which marks the formal completion of the taking in charge process following a proposal by the executive, is a reserved function of the elected members of a local authority. Pending the formal adoption of such a declaration by the elected members, the maintenance of the development remains the responsibility of the developer or the management company in place even where the taking in charge process has been initiated.
Under Section 30 of the Act, I am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. The operation of the taking in charge process is a matter for the relevant planning authority on a case by case basis.
164. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if local authorities will receive additional funding from Government in view of significant losses due to Covid-19; the matters examined by his Department in respect of this issue; his plans in respect of same; and if he will make a statement on the matter. [27965/20]
View answerMy Department is engaging with representatives of the local government sector and the Department of Public Expenditure and Reform on the financial challenges facing local authorities as a direct consequence of the pandemic, both in terms of additional costs incurred as part of the local government response and declines in local authority income streams. These matters are under active consideration.
To support both the local government sector and the business community, €600m has been allocated by Government, as part of the July Stimulus package, to fund the cost of a waiver of commercial rates for six months for eligible businesses badly impacted by the COVID-19 pandemic. This will take the form of a credit in lieu of rates. Consideration will be given to any additional measures as part of Budget 2021 talks.
It is recognised that additional costs are being incurred by local authorities in relation to Covid-19. Local authorities have been advised to capture all related costs in their financial systems to aid financial analysis of the impact of Covid-19 on the local government sector. In order to support the sector generally, my Department continues to keep local authority income, expenditure and cash flow under review and will continue to work with all local authorities, both collectively and individually, on issues arising.
165. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 1185 of 5 March 2020, the details of the way in which those differences apply in determining the funding allocation precisely when it comes to the various factors considered and local authority funding amounts as referred to; and if he will make a statement on the matter. [27966/20]
View answerLocal authorities’ cost and income bases vary significantly from one another as a result of their size, population, public service demands, infrastructure and income sources. There are significant variances in their abilities to raise revenue locally and they therefore require differing levels of financial support. Until the introduction of local retention of Local Property Tax (LPT) in 2015, this support took the form of General Purpose Grants (GPGs). When allocating GPGs, regard was had to each local authority’s income and expenditure, the overall amount of funding available for allocation and the need to provide each local authority with a baseline allocation that would ensure its financial stability.
2014 was the final year of GPG allocations. The 2014 GPG allocations also recognised the move of water related costs from local authorities to Irish Water in 2014. Accordingly, 2014 GPG allocations are not directly comparable to previous years.
Local retention of LPT began in 2015, when LPT allocations replaced GPGs. At that time, the Government decided that no local authority would receive less income from LPT in 2015 and 2016 than it received from its GPG allocation in 2014. Accordingly, the LPT allocations for 2015 and 2016 took account of the historical GPG funding provided to any former borough or town councils within the local authority area. For 2017 onwards, the LPT baseline of each local authority was increased to include an additional amount equivalent to the Pension Related Deduction income retained by local authorities in 2014.
In 2018, the then Minister for Finance and Public Expenditure and Reform initiated an Inter-Departmental review of LPT. The purpose of the review was to inform the Minister in relation to any actions he may recommend to Government concerning the overall yield from LPT and its contribution to total tax revenue. The review was informed by the desirability of achieving relative stability, both over the short and longer terms, in LPT payments of liable persons. While the LPT Review was completed last year, having considered the findings of the Review, the Minister for Finance decided to defer the revaluation date for LPT purposes to 1 November 2020. However, due to the Covid-19 pandemic, the revaluation has now been deferred until 2021.
The Programme for Government commits to ensuring that in future all LPT collected will be retained in the county in which is collected. This is to be done on the basis that that those counties with a lower LPT base are adjusted via an annual national equalisation fund paid from the Exchequer. My Department will advance work on the implementation of this committment in the coming months.
167. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if he will address a matter (details supplied) regarding dredging; and if he will make a statement on the matter. [28018/20]
View answerMy role and responsibilities as Minister do not extend to the maintenance, clearance, or dredging of rivers. I understand that the Office of Public Works is the statutory body responsible for Drainage Maintenance on water bodies where capital works have been carried out under the Arterial Drainage Acts 1945 and 1995; and for flood risk management in the State. Maintenance of all drainage schemes carried out under earlier Acts, for what are known as Drainage Districts, is the responsibility of the relevant local authority. Local authorities also monitor water quality within their functional area, and have shared responsibility for creating a culture of compliance with water quality standards. In addition, environmental concerns, fisheries matters and tourism or recreational issues, are dealt with by relevant agencies with responsibilities in these matters.
168. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he will review the SHD legislation, which has removed the statutory role of the planning authorities and their members and transferred it directly to An Bord Pleanála, undermining the importance of early and transparent public participation in the planning process, which has resulted in an increase in the number of judicial reviews; and if he will make a statement on the matter. [28043/20]
View answerThe Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála for determination.
In line with the provisions of Section 4(2) of the Act, the SHD arrangements were extended in December 2019 for a further 2 years until 31 December 2021, the maximum period allowed under the Act. The Programme for Government – Our Shared Future indicates that the SHD arrangements will not be extended beyond that date.
The original extension took account of the findings of an External Review Group which undertook the review on the operation of the SHD arrangements. This report, which was laid before the Houses of the Oireachtas, particularly highlighted that while they had generally been a success in providing a fast-track development consent process for developers of large-scale housing developments, the number of SHD permissions that have commenced development is less than might have been expected.
In this regard, with a view to influencing the earlier activation of housing related planning permissions, the new Programme for Government – Our Shared Future commits to introducing a "use it or lose it" condition for all planning permissions of ten units or more. I intend that the necessary legislation providing for the introduction of the proposed new "use it or lose it" housing-related planning arrangements will be progressed over the coming months.
169. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the military attack by Azerbaijani forces on the Armenian territories of Nagorno-Karabakh which occurred at the end of September 2020 and left Armenian citizens dead will be condemned; if he will seek support from his EU counterparts for a united position against Azerbaijani aggression; and if he will request the UN to intervene to de-escalate tensions in the region. [27999/20]
View answerIreland strongly condemns the recent violence along the line of contact in the Nagorno-Karabakh region, which has led to the loss of life, including civilian casualties. We call for an immediate cessation of hostilities by all sides.
Ireland fully supports the statement of EU High Representative Josep Borrell on Sunday 27 September and the statement of the OSCE Minsk Co-Chairs Group that same day. The EU will continue to monitor the situation and Ireland will play an active role in discussions of any EU reaction.
UN Secretary General Guterres has called the leaders of Armenia and Azerbaijan to diffuse tensions and the matter was raised at the UN Security Council on Tuesday.
We urge both sides to de-escalate tensions by refraining from inflammatory rhetoric and strictly observing the ceasefire. As we know from our own history, only through negotiation and dialogue can there be a sustainable resolution and eventual reconciliation.
All parties should demonstrate calm and restraint and we encourage Armenia and Azerbaijan to re-engage with the Minsk Co-Chairs Group and return to the negotiating table.
